Expedites perfection and hearing of appeals of violent sex offense convictions when such offense was committed or attempted to be committed against person under 18; such appeals shall be perfected within 60 days of the filing of the notice of appeal and heard within 120 days of the filing of the notice of appeal; prohibits the ordering of recognizance or bail upon conviction of any felony sex offense when such offense was committed or attempted to be committed against a person under 18 years of age.
STATE OF NEW YORK
________________________________________________________________________
1709
2009-2010 Regular Sessions
IN ASSEMBLY
January 9, 2009
___________
Introduced by M. of A. ENGLEBRIGHT, WEISENBERG, HOOPER, KOON, COLTON,
EDDINGTON -- Multi-Sponsored by -- M. of A. CLARK, CYMBROWITZ,
DelMONTE, GALEF, MAYERSOHN, PHEFFER, WRIGHT -- read once and referred
to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to prohibiting
issuance of an order of recognizance or bail to certain persons upon
conviction of a sex offense and expediting the perfection of appeals
of convictions of sex offenses against persons under the age of 18
years
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 530.40 of the criminal procedure
2 law, as amended by chapter 264 of the laws of 2003, is amended to read
3 as follows:
4 3. Notwithstanding the provisions of subdivision two, a superior court
5 may not order recognizance or bail, or permit a defendant to remain at
6 liberty pursuant to an existing order, after he has been convicted of
7 either: (a) a class A felony or (b) any class B [or], class C, class D
8 or class E felony defined in article one hundred thirty of the penal law
9 committed or attempted to be committed by a person eighteen years of age
10 or older against a person less than eighteen years of age. In either
11 case the court must commit or remand the defendant to the custody of the
12 sheriff.
13 § 2. Subdivision 1 of section 530.45 of the criminal procedure law, as
14 amended by chapter 264 of the laws of 2003, is amended to read as
15 follows:
16 1. When the defendant is at liberty in the course of a criminal action
17 as a result of a prior order of recognizance or bail and the court
18 revokes such order and then either fixes no bail or fixes bail in a
19 greater amount or in a more burdensome form than was previously fixed
20 and remands or commits defendant to the custody of the sheriff, a judge
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05103-01-9
A. 1709 2
1 designated in subdivision two, upon application of the defendant follow-
2 ing conviction of an offense other than a class A felony or a class B
3 [or], class C, class D or class E felony offense defined in article one
4 hundred thirty of the penal law committed or attempted to be committed
5 by a person eighteen years of age or older against a person less than
6 eighteen years of age, and before sentencing, may issue a securing order
7 and either release defendant on his own recognizance, or fix bail, or
8 fix bail in a lesser amount or in a less burdensome form than fixed by
9 the court in which the conviction was entered.
10 § 3. Section 530.50 of the criminal procedure law, as amended by chap-
11 ter 264 of the laws of 2003, is amended to read as follows:
12 § 530.50 Order of recognizance or bail; during pendency of appeal.
13 A judge who is otherwise authorized pursuant to section 460.50 or
14 section 460.60 to issue an order of recognizance or bail pending the
15 determination of an appeal, may do so unless the defendant received a
16 class A felony sentence or a sentence for any class B [or], class C,
17 class D or class E felony offense defined in article one hundred thirty
18 of the penal law committed or attempted to be committed by a person
19 eighteen years of age or older against a person less than eighteen years
20 of age.
21 § 4. Subdivisions 1 and 3 of section 460.70 of the criminal procedure
22 law, subdivision 1 as amended by chapter 83 of the laws of 1995 and
23 subdivision 3 as amended by chapter 695 of the laws of 1977, are amended
24 to read as follows:
25 1. Except as provided in subdivision two, the mode of and time for
26 perfecting an appeal which has been taken to an intermediate appellate
27 court from a judgement, sentence or order of a criminal court are deter-
28 mined by rules of the appellate division of the department in which such
29 appellate court is located. Among the matters to be determined by such
30 court rules are the times when the appeal must be noticed for and
31 brought to argument, the content and form of the records and briefs to
32 be served and filed, and the time when such records and briefs must be
33 served and filed. Such rules shall also provide that an appeal relating
34 to any conviction of a felony offense defined in article one hundred
35 thirty of the penal law committed or attempted to be committed against a
36 person under eighteen years of age shall be perfected on an expedited
37 basis completed within sixty days of the filing of the notice of appeal
38 and shall be heard within one hundred twenty days of the filing of the
39 notice of appeal.
40 When an appeal is taken by a defendant pursuant to section 450.10, a
41 transcript shall be prepared and settled and shall be filed with the
42 criminal court by the court reporter. The expense for such transcript
43 and any reproduced copies of such transcript shall be paid by the
44 defendant. Where the defendant is granted permission to proceed as a
45 poor person by the appellate court, the court reporter shall promptly
46 make and file with the criminal court a transcript of the stenographic
47 minutes of such proceedings as the appellate court shall direct. The
48 expense of transcripts and any reproduced copies of transcripts prepared
49 for poor persons under this section shall be a state charge payable out
50 of funds appropriated to the office of court administration for that
51 purpose. The appellate court shall where such is necessary for
52 perfection of the appeal, order that the criminal court furnish a
53 reproduced copy of such transcript to the defendant or his counsel.
54 3. The mode of and time for perfecting any appeal which has been taken
55 to the court of appeals are determined by the rules of the court of
56 appeals. Among the matters to be determined by such court rules are the
A. 1709 3
1 times when the appeal must be noticed for and brought to argument, the
2 content, form and number of the records and briefs and copies thereof to
3 be served and filed, and the times when such records and briefs must be
4 served and filed. Such rules shall also provide that an appeal relating
5 to any conviction of a felony offense defined in article one hundred
6 thirty of the penal law committed or attempted to be committed against a
7 person under eighteen years of age shall be perfected on an expedited
8 basis completed within sixty days of the filing of the notice of appeal
9 and shall be heard within one hundred twenty days of the filing of the
10 notice of appeal.
11 When an appeal is taken by a defendant pursuant to section 450.70, the
12 defendant shall cause to be prepared and printed or otherwise duplicated
13 pursuant to rules of the court of appeals the record on appeal and the
14 required number of copies thereof. If the defendant is granted permis-
15 sion to appeal as a poor person, the expense thereof shall be a state
16 charge payable out of funds appropriated to the office of court adminis-
17 tration for that purpose.
18 § 5. This act shall take effect immediately.
